Is the UK a police state?

Britain is not a police state but a nation with police state tendencies. In any democracy the dictates of freedom wrestle with those of security. Britons are a liberal people who want to be safe. Do they also want to live in a condition of perpetual paranoia?Simon Jenkins

People insist that we are not living in a police state but perhaps that is rather a 20th-century notion. What we are pioneering in Britain is a 21st-century version of the police state - the controlled state.Henry Porter

If the Police pick someone up it's because they probably have something to go on. It won't happen to you. You're innocent, so don't worry.

It would be absolutely ridiculous to even consider the UK could be called a Police state, wouldn't it? The UK has had a long history of tolerance and very civil policing. Its professional police force was created in 1820 and has since been copied by cities around the world. Soon afterwards were introduced the nine principles of policing. When thinking about the British police we may still come up with images of friendly bobbies.

Things have changed:

The UK spends the largest amount in the OECD on law and order as a percentage of GDP, with nearly 40% more in real terms spent in 2006/07 than in 1997/98. This is higher than the US, double that of Sweden, France and Denmark and around 50% greater than that of Canada, Germany and Japan. The UK is ranked the 23rd most democratic country, 25th least surveilled one (worst ranking EU country) and 11th lowest perceived level of corruption.
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The Police stop and search people without the need to show that they have reasonable suspicion an offence is being committed (under the power of the infamous Section 44 of the Terrorism Act 2000). Less than half a percent of those stopped and searched are arrested in connection with terrorism (even less are convicted).
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The Police search the home of arrested (not charged) people without the need for a warrant (Section 18 of the Police and Criminal Evidence Act 1984).
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The Police collect and retain fingerprints, palm prints and DNA samples of all those arrested for a recordable offence, including of innocents, i.e. even when the arrestee is not charged with any offence or has been acquitted of an alleged offence. DNA profiles are kept in the National DNA Database (NDNAD) and DNA samples are stored by the laboratories which analyse them - forever.
UK leads the world in the collection of individual DNA records having collected the DNA profiles of more than 5,296,313 individuals (as of 2008-09-01). This includes DNA profiles of between 573,639 to 857,366 innocents individuals never convicted, cautioned, warned or reprimanded.
The England & Wales police forces have sampled an estimated 303,393 individuals aged 10-17 year-old, including at least 39,095 innocents (as of 2008-04-10).
In 2007, the profiles of 108 children under 10, along with 883,888 people aged between 10 and 17, 46 people more than 90 years old and a one seven-month-old baby girl were held on the NDNAD.
The yearly average number of subject profiles added to the NDNAD by the England and Wales police forces for the the financial years 2005-07 was 646,767 while the average number of profiles removed for the calendar years 2005-07 was only 221.
In 2006/07, 667,737 profiles were added on the National DNA Database (NDNAD), including that of about 160,000 young people aged 10-17; only 115 removed. By July 2006, 3,457,000 individuals were on the NDNAD.
By December 2005, 3,130,429 people had had their DNA taken from them. By March 2004, it was 2,527,728 people or 5.24% of the UK population; this compared to 0.98% in Austria, 0.83% in Switzerland, 0.50% in the USA and 0.41% in Germany.
...and fingerprints are required to hire a car at Stanstead Airport.
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The Police keep records in the Police
National Computer of arrests details of innocents, including mentions of 'non-conviction' until the subject reaches 100 years old.
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The Police have a ‘shoot to kill’ policy in cases they consider terrorism. They shot dead one person – Jean Charles de Menezes – who was not a terrorist on 2005-07-22. On 2005-10-24, this strategy had apparently been widened to include other offences such as kidnapping, stalking and domestic violence. On 2005-12-11, the president of the Association of Chief Police Officers (ACPO) said on the use of lethal force: ‘We are doing everything we can... but the probability is that there may be mistakes’. On 2006-06-02, another innocent Londoner – Mohammed Abdul Kahar – is shot in the chest by the Police in a anti-terror raid at his home at 4am (released without charge seven days later). On 2007-02-19, Cressida Dick, who was in charge of the operation that led to de Menezes being shot seven times in the head after he was mistaken for a suspected suicide bomber, is promoted to the rank of Deputy Assistant Commissioner.
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The Police Federation, according to Bob Elder, the chairman of the constables' central committee, is apparently considering shooting the public without even pretending that they may be terrorists. Asked if, in the event of a dirty bomb, he could foresee officers firing on civilians, he said: ‘It's an option the government is going to have to consider. We haven't got enough cops trained to deal with full-scale containment and it's putting everyone at risk.’
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Officers shooting people appear to do so with impunity. Since 1993, there has been 30 fatal shootings by the Police. No police officer has been successfully prosecuted for any of these fatalities caused by police marksmen.
2,533 individuals, whose names are known, have died since 1969 in the care of the Police, prisons, secure psychiatric units and immigration detention centres. The last time a Police officer was convicted following a death in custody was for assault charges in 1971 for the death of David Oluwale in 1969.
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Innocents (not even charged) can be disappeared for 14 28 days. They are usually held in stations such as Paddington Green in such poor conditions, that after a 14-day interview period even their lawyers are often ill. Will it be extended soon to 28 days? Will it be extended soon to 42 days?Section 23 of the Terrorism Act 2006 became law on 2006-03-30. Apparently, this is the longest allowed in any western European country.
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Anti-social behaviour orders (ASBO) affect people that are different including children, protesters and the mentally ill. in 1998, the then Home Secretary Jack Straw said there was a target for ‘5,000 [ASBOs to be issued] annually’ after their introduction on 1999-04-01. A total of 9,853 have been issued between 1999-04-01 and 2005-12-31. In the Serious Crime Act 2007, the Home Office introduced 'serious crime prevention orders' (SCPO) targeted at those whom police believe are likely to commit violence, i.e. including those who have not yet have committed an offence - and may never commit any. With the Mental Health Bill, ministers are also attempting to allow enforced detention of people who are mentally ill, even if they have not committed any crime.
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Phone companies have to retain traffic data for all phone services including voice, voicemail and conference and data calls, call forwarding and call transfer, SMS, EMS and MMS for one year (Data Retention (EC Directive) Regulations 2007). This includes the telephone number from which the call was made and the dialled phone number, and the name and address of the subscriber and registered user of those telephone numbers; and the date and time of the start and end of the calls. For mobile calls this includes the International Mobile Subscriber Identity (IMSI) and the International Mobile Equipment Identity (IMEI) of the phones; the cell ID at the start of the communication; and for pre-paid anonymous services, the date and time of the initial activation of the service and the cell ID from which the service was activated. In April 2009, these data retention rules were extended to cover internet use (websites visited, emails and VoIP calls). The government is also considering a massive government database holding details of every phone call, email and time spent on the internet.
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Taking pictures, filming or even just drawing sketches of buildings is now often considered ‘hostile reconnaissance’ and risks you being stopped and searched, or even arrested. (Many persons who were intimidated in such circumstances by the Police emailed me, including one person who was arrested for ‘sketching pictures of the Southbank’ and another for taking a picture that includes a petrol station and in 2006-08 an Iraqi was charged for filming Big Ben, the Houses of Parliament and the London Eye, eventually found not guilty, to be put under a control order. On 2007-05-14, two students are arrested after taking snapshots of Tower Bridge. Even my innocent doodles were construed by the Police as being a tube station plan.)
Filming or taking photographs of London tube stations without obtaining a permit in advance is illegal since July 2005. Ironically we are being told: ‘Detectives have issued an urgent appeal for any photographs, video footage or mobile phone images’.
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The legal definition of terrorism, specified in section 1 of the Terrorism Act 2000 (amended by the Terrorism Act 2006) is very broad. The government is discussing even more lax definitions.
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Under the Terrorism (United Nations Measures) Order 2006 the Treasury can freeze the assets of whoever they designate. They do not have to give any hard evidence. They can do so in secrecy. And they are above the law ('An action done under this Schedule is not to be treated as a breach of any restriction imposed by statute or otherwise.')
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With the Counter Terrorism Act 2008, the Home Office willextend the pre-charge detention period for ‘terror suspects’ to 42 days, hold inquests in secrecy, allow post-charge questioning of ‘terror suspects’ (possibly right up to the trial date, presuming that the ‘suspects’ are guilty), create a new criminal offence of seeking ‘information which could be useful for terrorism’, impose travel restrictions for ‘suspects’, punish families of convicted terrorists by confiscating their property (bank accounts, vehicles, computers, homes, etc.), and other proposals which undermine the rights of ‘suspects’ to due legal process, impose ever greater punishment without trial and further create a climate of fear.
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Secret evidence that the defendent or his lawyers cannot challenge is used in British courts. Special Immigration Appeals Commission (SIAC), which assesses deportation cases, often taking evidence in closed sessions. This leads to situations where defendents do not understand why they are sentenced to prison and judges cannot explain why.
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A dozen London boroughs have implemented a "risk assessment" policy for vetting live music that permits the police to ban any performance if they fail to receive personal details from the performers 14 days in advance. The demand explicitly singles out performances and musical styles favoured by the black community: garage and R&B, and MCs and DJs. Organisers must complete Form 696 with personal details of all artists, music style to be played and some information on the audience.
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Community Safety Accreditation Schemes enable chief constables to grant some police powers to employees of other organisations including private companie, such as security guards, park and dog wardens, beach patrols and shopping centre guards. Powers include power to require giving of name and address, power to photograph persons away from a police station, power to issue penalty notices (for disorder, truancy, cycling on a footpath, dog fouling, graffiti, littering, etc.), power to surrender alcohol, etc. Accredited Persons undergo training and pay a fee to their local police force.
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The Home Office reveals it is examining a proposal to give powers to the police to stop and question people. People refusing to give their names or explain what they were doing could be charged with obstructing the police and fined up to £5,000.
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One must realise that all Police powers that apply before someone is convicted, apply in the exact same way to innocents wrongfully arrested and to criminals before they are charged and convicted. In a democratic country, Police powers need to be balanced and checked so they are not abused against innocents, especially not for political reasons.
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Without protection for the individuals who make up society, society itself founders. Nor is there a balance to be struck between the rights of individuals and national security: national security depends upon every individual in this country having inalienable rights. Gareth Peirce